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(영문) 수원지방법원 안산지원 2019.01.10 2018고단3312
업무상횡령등
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From April 20, 2006 to June 30, 2015, the Defendant is a person who has been in charge of accounting affairs in the Victim C Co., Ltd (hereinafter “victim Co., Ltd”) located in Ssung City from April 20 to June 30, 2015.

1. On August 22, 2008, the Defendant: (a) withdrawn KRW 1,364,00 from the corporate bank account (D) account of the victim company (hereinafter referred to as “E”); (b) then, (c) transferred KRW 1,166,00 among them to “E” as the customer of the victim company; and (d) embezzled and embezzled the remainder of KRW 198,000 by arbitrarily consuming personal living expenses from around 12, 2016 to May 12, 2016; and (b) embezzled and embezzled total of KRW 471,243,062 on a total of 259 occasions as shown in attached Table 1.

2. The defendant in occupational breach of trust is an employee in charge of accounting of the victim company's occupational duties to use the corporate card of the victim company for the purposes directly related to the business of the victim company or the purchase of goods within the company.

Nevertheless, on September 27, 2008, the Defendant, in violation of the above occupational duties, paid 43,000 won of the Defendant’s personal vehicle oil using the corporate card of the victim company, thereby obtaining property benefits and causing damage to the victim company, as well as paying 3,829,259 won in total over 607 times in total under the name of the victim company’s corporate card from around that time to February 10, 2015, as indicated in attached Table 2, 3, 4, and 5 of the daily list of crimes from around February 10, 2015.

As a result, the Defendant acquired financial benefits equivalent to KRW 33,829,259 in violation of occupational duties, and caused damages to the victim company equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. A complaint;

1. Application of Acts and subordinate statutes, such as a certified transcript of corporate register, a detailed statement of card use, account adjustment table, and daily account books;

1. Criminal facts;

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